Software patents and FreeBSD

[David Kelly]

On Jul 8, 2005, at 11:23 PM, R. Tyler Ballance wrote:

> Doesn't the fact that the patent office is unable to check for  
> prior art make software patents inherently evil? There is almost no  
> plausible way, given the nature of the internet, to check for prior  
> art in software. Especially if companies are trying to patent  
> computing concepts, like email, or a web server, etc.

The fact that its implemented in software doesn't change anything.  
There is no way any patent claim can cover all possible prior art,  
nobody ever claimed it could. A patent is not an absolute grant of  
license from the government, but a registration of claim of  
invention. That on initial investigation the government agrees that  
its likely one invented the claimed and a patent is issued. Then one  
must defend their patent against claimed infringement and in doing so  
puts the patent at risk. If the infringer demonstrates prior art then  
the patent becomes unenforceable.

A patent grants the right to sue for 20 years in exchange for public  
disclosure as to the details of the invention. In exchange for that  
exclusivity after 20 years the disclosed claims of the invention is  
public domain and remains an easy reference of prior art. If one  
believes "software patents" are a problem then the solution is to  
amass a searchable library of documented prior art to nip the not-new- 
invention patent applications in the bud. Search a bit online, there  
are several projects doing exactly that.

Software is nothing new to the patent process, its simply a different  
angle. There have always been those who claim patents are bad, that  
"everything has already been invented." On the other hand the only  
countries who grow their economies with innovation have strong patent  
laws. Nothing of significance is invented in the absence of patent  
protection.

--
David Kelly N4HHE, dkelly at HiWAAY.net
========================================================================
Whom computers would destroy, they must first drive mad.